Petitioners: Commission on Election

Respondents: HON. LORENZO R. SILVA, JR., as Presiding

Judge, RTC, Branches 2 and 3, Balanga, Bataan, HON.
BENJAMIN T. VIANZON, as Presiding Judge, Branch 1, of
the same Court, ERASTO TANCIONGCO, and NORMA
CASTILLO
G.R. No: 129417
Date: 10 February 1998
Facts:
The Private Respondents, who were charged of having
tampered some certificates ofcanvass, moved for the
Dismissal of the Cases filed against them. The Chief State
Prosecutor,who had been designated by the Commission on
Elections to prosecute the cases, filed acomment joining in
private respondents' request. Eventually, the cases were
dismissed.
The COMELEC sought to appeal the dismissal of the cases
to the Court of Appeals. Whenthe Chief State Prosecutor
was required to comment, he stated that he cannot give
hisconformity to the Notice of Appeal filed by the Comelec
as it would not be consistent with hisposition that he would
abide by whatever finding the court may come up with on
the existenceof probable cause as against the Private
Respondents. Thus, the judges denied due course tothe
appeal. The sole basis for the denial was the fact that the
prosecutor, whom the COMELEChad deputized to prosecute
the cases, had earlier taken a contrary stand against the
COMELEC.
Issue:
Who has the authority to decide whether or not to appeal
from the orders of dismissal the COMELEC or its designated
prosecutor?
Ruling:
Whether the orders of dismissal should be appealed is for
the COMELEC to decide, not for Chief State Prosecutor
whom it has merely deputized to represent in it court.
The 1987 Constitution mandates the COMELEC not only to
investigate but also to prosecute cases of violation of
election laws. This means that the COMELEC is empowered
to conduct preliminary investigations in cases involving
election offenses for the purpose of helping the Judge

Khristine Tiu
Constitutional Law I

Article IX (C), Sec 2:

The Commission on Elections shall
exercise the following powers and
functions:
(1) Enforce and administer all laws and
regulations relative to the conduct of an
election,
plebiscite,
initiative,
referendum, and recall.
(2) Exercise exclusive original jurisdiction
over all contests relating to the
elections, returns, and qualifications of
all elective regional, provincial, and city
officials, and appellate jurisdiction over
all contests involving elective municipal
officials decided by trial courts of
general jurisdiction, or involving elective
barangay officials decided by trial courts
of limited jurisdiction.
Decisions, final orders, or rulings of the
Commission on election contests
involving elective municipal and
barangay offices shall be final,
executory, and not appealable.
(3) Decide, except those involving the
right to vote, all questions affecting
elections, including determination of the
number and location of polling places,
appointment of election officials and
inspectors, and registration of voters.
(4) Deputize, with the concurrence of
the President, law enforcement agencies
and
instrumentalities
of
the
Government, including the Armed
Forces of the Philippines, for the
exclusive purpose of ensuring free,
orderly, honest, peaceful, and credible
elections.
(5) Register, after sufficient publication,
political parties, organizations, or
coalitions which, in addition to other
requirements, must present their
platform or program of government;
and accredit citizens' arms of the
Commission on Elections. Religious
denominations and sects shall not be
registered. Those which seek to achieve

determine probable cause and for filing information in court.

This power is exclusive with COMELEC.
Prosecutors designated by the COMELEC to prosecute the
cases act as its deputies. They derive their authority from it
and not from their offices. Consequently, it was beyond the
power of Chief State Prosecutor to oppose the appeal of the
COMELEC. For that matter, it was beyond his power, as
COMELEC-designated prosecutor, to leave to the trial courts
the determination of whether there was probable cause for
the filing of the cases and, if it found none, whether the
cases should be dismissed.

their goals through violence or unlawful

means, or refuse to uphold and adhere
to this Constitution, or which are
supported by any foreign government
shall likewise be refused registration.
Financial contributions from foreign
governments and their agencies to
political
parties,
organizations,
coalitions, or candidates related to
elections, constitute interference in
national affairs, and, when accepted,
shall be an additional ground for the
cancellation of their registration with
the Commission, in addition to other
penalties that may be prescribed by
law.
(6) File, upon a verified complaint, or on
its own initiative, petitions in court for
inclusion or exclusion of voters;
investigate and, where appropriate,
prosecute cases of violations of election
laws, including acts or omissions
constituting election frauds, offenses,
and malpractices.
(7) Recommend to the Congress
effective measures to minimize election
spending, including limitation of places
where propaganda materials shall be
posted, and to prevent and penalize all
forms of election frauds, offenses,
malpractices, and nuisance candidacies.
(8) Recommend to the President the
removal of any officer or employee it
has deputized, or the imposition of any
other disciplinary action, for violation or
disregard of, or disobedience to, its
directive, order, or decision.
(9) Submit to the President and the
Congress, a comprehensive report on
the conduct of each election, plebiscite,
initiative, referendum, or recall.

Khristine Tiu
Constitutional Law I